No person, firm or corporation proposing to lay out or have laid out, within the territorial jurisdiction of these Regulations, a subdivision which includes more than five lots, shall proceed with any construction work on the proposed subdivision before obtaining from the City Planning Commission and Council the approval of the preliminary plan of the proposed subdivision.
(a) Preliminary Plan.
(1) General. The subdivider shall have prepared a preliminary plan, together with the plans and such preliminary plans and specifications of improvements as required by these Regulations as specified in Chapter 1111.
(2) Filing. Four copies of the preliminary plan and supplementary material specified, shall be submitted to the Commission with written application for approval.
(3) Approval. The Commission, acting through the designated official, shall, within forty-five days of having been submitted to the designated official, or Mayor, or within such further time as the applicant may agree to, review the preliminary plan and other material submitted for conformity thereof to these Regulations and negotiate with the subdivider on changes deemed advisable. The Commission shall inform the subdivider as to which public offices shall be contacted by him to determine the nature and extent of the improvements required.
A. Upon completion of the review, the action of the Commission shall be forwarded to Council for their approval of the proposed subdivision and its extension and connection to existing utility lines.
B. Approval of the preliminary plan shall not constitute approval of the subdivision plat. Rather, it shall be deemed an expression of the approval to the layout as returned to the subdivider on the preliminary plan, as a guide to the preparation of the subdivision plat which will be submitted for approval of the Commission and for recording upon fulfillment of the requirements of these Regulations.
C. If the Commission does not render a decision on the preliminary plan within the forty-five days stipulated in subsection (a)(3) hereof or such further time as they may agree to, nothing in these Regulations shall prohibit the subdivider from taking his plans directly to Council for approval.
D. Approval of the preliminary plan shall expire in one year unless a plat has been filed with the Commission for approval.
(b) Subdivision Plat; Final Plan.
(1) General. The subdivision plat shall conform to the preliminary plan except where changes are agreed upon between the City and the subdivider and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of these Regulations.
(2) Submission of plans. After receiving notice of approval of the preliminary plan, if the subdivider desires to proceed, the subdivider shall proceed to file with the Planning Commission:
B. A subdivider's agreement, deeds, easements, as required and a performance bond when subdivider plans to record plat prior to installation and acceptance of improvements; and
C. A written application for approval upon compliance with the formal provisions of these Regulations indicating his intentions to proceed by either depositing with the City the required performance bond and recording the subdivision plat at the County Recorder's office or complete the installation of all subdivision improvements and obtain Council's acceptance by ordinance of these improvements prior to the recording of the plat, without depositing a performance bond.
D. The subdivider shall submit to the City Engineer for his review and approval all construction drawings required related to the improvements to be constructed in the subdivision as required by these Regulations. Construction of these improvements may begin as soon as the City Engineer has stated his approval of drawings and the preliminary plan has been approved by the Commission and Council.
E. The Planning Commission shall forward their recommendations for approval of the plat to Council.
F. If the Commission does not render a decision on the plat within forty-five days of having been submitted to the Commission's designated official, or Mayor or within such further time as the applicant may agree the subdivider may take his plat directly to Council for approval.
G. The signed plat shall remain in the possession of the Commission's designated official or Mayor until such time as a performance bond has been received or all improvements have been installed and accepted by Council, park land or donation has been accomplished, easements not on plat are recorded and other required restrictions not on plat have been recorded, at which time the City shall record the plat at the subdivider's expense.
(3) Building permit. No building permit shall be issued until the plat has been approved and filed with the Recorder. Permits for construction, not occupancy of model homes may be issued with approval of the Zoning Board of Appeals.
(4) Dedication for public use. If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of any public land and acceptance for any easement before it is recorded. The acceptance of any street or utility for public use and maintenance shall be by separate action of Council.
(Ord. 87-18. Passed 3-9-87.)